The Clean Slate Act of New York
Jan. 6, 2025
The Clean Slate Act, introduced in New York State, is a landmark piece of legislation aimed at providing individuals with a second chance by addressing the consequences of past criminal convictions.
Its main objective is to offer a path to expungement or sealing of criminal records for those who have demonstrated rehabilitation and have stayed crime-free for a specified period.
If you have a criminal record and you're interested in expungement, reach out to me, Attorney Michael Kuzma, to speak to a qualified criminal law attorney. I can help you determine your eligibility and work toward sealing your records with the help of the Clean Slate Act.
Key Provisions of the Clean Slate Act
The Clean Slate Act establishes a baseline for sealing criminal records automatically for certain eligible individuals. The automatic sealing process is the defining feature of the Clean Slate Act, which differentiates it from previous legal mechanisms requiring individuals to petition the courts for expungement or sealing of their records.
Some of the main provisions of the Clean Slate Act include:
Automatic sealing of criminal records: The Clean Slate Act introduces a system in which criminal records are automatically sealed once an individual has completed the terms of their sentence and maintained a clean record for a designated period. This includes sealing of both felony and misdemeanor convictions.
Eligibility criteria: Not all convictions are eligible for automatic sealing. The eligibility criteria are designed to make sure that the program is accessible to those who are truly rehabilitated. Generally, individuals must have completed their sentences, including parole or probation, and must have remained crime-free for a period of 10 years (for felonies) or 7 years (for misdemeanors). Serious violent crimes, sex offenses, and certain other offenses are excluded from the program.
Sealing process: Once an individual becomes eligible, the sealing of their criminal record happens automatically. The individual doesn't need to file a petition or undergo a hearing. The New York State Division of Criminal Justice Services (DCJS) will oversee the process of identifying eligible cases and sealing the corresponding records.
Ineligibility for certain offenses: Some offenses, particularly those involving violence or sex crimes, are excluded from the sealing process. Additionally, individuals with multiple convictions or those convicted of offenses in which they weren't rehabilitated or remain a threat to public safety may be excluded from eligibility.
Restoration of rights: The sealing of criminal records under the Clean Slate Act helps restore certain rights and opportunities to individuals. This includes improved access to employment, housing, education, and credit, areas where individuals with criminal records often face discrimination.
Exceptions: While the Act provides an automatic sealing mechanism for most eligible individuals, there are still provisions for exceptions. For example, individuals who violate the law after having their records sealed may face the reversal of the sealing decision.
These main provisions are meant to help meet specific objectives. To learn more about these provisions, don't hesitate to reach out to your criminal law attorney.
Goals and Objectives
The Clean Slate Act is designed to address several key issues faced by individuals with criminal convictions, including:
Reducing barriers to employment: One of the most significant consequences of a criminal conviction is the lasting difficulty in obtaining employment. Many employers conduct background checks and are legally allowed to discriminate against applicants with criminal records, often without regard to the nature or age of the conviction. By sealing these records, the Clean Slate Act aims to increase the employment opportunities for individuals who have demonstrated rehabilitation.
Promoting reintegration into society: In addition to employment, criminal convictions can hinder individuals’ ability to reintegrate into society more broadly. This includes barriers to obtaining housing, enrolling in education programs, and accessing credit. By sealing records, the Act seeks to support individuals in their efforts to fully participate in society and build better lives for themselves and their families.
Restoring trust in the justice system: The Clean Slate Act also reflects a broader recognition that people can change. It acknowledges that individuals who have been convicted of crimes but have demonstrated a commitment to rehabilitation deserve the opportunity to move beyond their past mistakes and contribute to society. The legislation promotes fairness and second chances, aligning with the values of justice and mercy.
Supporting racial justice: The Clean Slate Act is particularly relevant in addressing racial disparities within the criminal justice system. Studies show that people of color, particularly Black and Latino individuals, are disproportionately arrested, convicted, and incarcerated. By providing a pathway for sealing records, the Act can help reduce some of the ongoing consequences of systemic racial discrimination.
Given these goals, it comes as no surprise that there are many benefits to this legislation.
Potential Benefits
The Clean Slate Act promises a wide range of benefits for individuals who are eligible for its provisions, as well as for society at large.
Increased employment opportunities: One of the most immediate and tangible benefits for those whose records are sealed is the increased likelihood of gaining stable, well-paying employment. Employers often screen applicants based on criminal history, and a criminal record can lead to automatic disqualification from many job opportunities. By sealing criminal records, the Clean Slate Act opens the door to more job prospects, thereby reducing unemployment rates among formerly incarcerated individuals.
Reduced recidivism: Providing a path to a clean slate can also help reduce recidivism. When individuals with criminal records are unable to secure employment or housing, they may become more likely to reoffend. The Clean Slate Act can break this cycle by removing some of the barriers to successful reintegration, encouraging individuals to stay crime-free.
Improved access to housing and education: In addition to employment, sealed records can make it easier for individuals to access housing and education. Landlords often conduct background checks, and criminal records can be used to disqualify applicants. Similarly, educational institutions may deny admission to individuals with felony convictions. By sealing these records, the Act helps remove these barriers.
Economic benefits: The Clean Slate Act isn't just beneficial to individuals; it also has broader economic implications. A reduction in recidivism and an increase in the employability of formerly incarcerated individuals can lead to a more productive workforce. Moreover, individuals who gain stable employment and housing are less likely to rely on public assistance, which can reduce the financial burden on the state and local governments.
Social reintegration: By offering a second chance, the Clean Slate Act supports the social reintegration of individuals who have paid their debt to society. Reintegrating people into communities strengthens social cohesion and allows individuals to contribute positively to their families and neighborhoods.
While the Clean Slate Act has garnered widespread support, it has also faced criticism and concerns from certain quarters. Speak to your criminal law attorney if you have any questions or concerns.
Challenges and Criticisms
Despite its intentions to promote rehabilitation, the Clean Slate Act of New York has prompted some worries about its potential impact on public safety. Some other criticisms include:
Eligibility criteria: Some critics argue that the eligibility criteria for the automatic sealing of criminal records might be too restrictive. For instance, individuals who were convicted of serious crimes or have a history of repeated offenses may feel excluded from the benefits of the law. These critics argue that certain offenses should be considered for sealing on a case-by-case basis rather than excluding them outright.
Public safety concerns: Opponents of the Act have raised concerns about public safety, particularly in cases involving violent crimes. They argue that sealing criminal records for individuals who committed violent offenses could prevent employers, landlords, and others from learning about the full extent of a person’s criminal history. This could lead to unintended consequences, such as exposing vulnerable individuals to harm.
Implementation and oversight: Some critics worry about the effectiveness of the automatic sealing process. While the Act establishes that records will be sealed automatically, there are concerns about how well the system will be implemented. For instance, mistakes could be made in determining eligibility, or individuals might not be informed when their records have been sealed.
Exclusion of certain convictions: While the Act excludes violent crimes and certain other offenses from automatic sealing, some believe that this exclusion undermines the law’s goal of providing a fresh start to those who have rehabilitated. Critics argue that the state should consider more inclusive criteria to provide greater opportunities for all individuals, regardless of the nature of their offense.
With these concerns in mind, the Clean Slate Act of New York still represents a step forward in reforming the criminal justice system, offering those with criminal records the chance to move on from their past mistakes. If you're looking to seal your criminal record, consider reaching out to a criminal law attorney.
Contact a Criminal Law Attorney
With the help of the Clean Slate Act and an experienced criminal law attorney, you may be able to expunge your criminal record. Reach out to me, Michael Kuzma, Attorney at Law. I serve clients in New York. Contact me for a consultation today.